HomeMy WebLinkAboutConservation Comm. 12/12/2022Conservation Meeting Minutes RECEIVED
December 12, 2022 TOWN CLERKS OFFICE"
MEETING HELD IN PERSON IN MEETING ROOM 3 PNI AN 31 P 12: 14
AND VIRTUALLY USING GOTOWEBINAR PLATFORM iifaNSFIELD
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Present: Michael Healey, Chair; Dr. Aaron Roth, Vice Chair; Dr. Jeffrey Paten; Saroynes; �CaelyFh oTiyer,
Conservation and Environmental Planner.
1. Meeting opened at 6:07 pm.
2. Request for a Certificate of Compliance: Sean Slattery, 15 Lakeview Avenue, Map 4, Lot 69
Mr. Healey opened the hearing for a Request for a Certificate of Compliance for the repair of a septic system
under DEP SE 211-801, at 15 Lakeview Avenue, within 100 feet of Greenwood Lake.
Ms. Gonyer explained this Order was issued in August 20, 2007 for the repair of a septic system. All the work
has been completed and the Order has since expired. An as built plan was submitted by Hutchins -Trowbridge
Associates showing the septic system in the approved location and the lawn has been stabilized. She
recommended a full Certificate of Compliance be issued.
There were no Board Comments
There were no virtual or audience comments.
Dr. Roth made the motion to issue a full Certificate of Compliance to Sean Slattery, 15 Lakeview Avenue, Map
4, Lot 69, for the repair of the septic system under DEP SE 211-801.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 6:09 pm.
3. Request for a Certificate of Compliance: Thomas McCafferty, 5 Kell Lane, Map 040, Parcel 312 under
DEP SE 211-565 and DEP SE 211-735.
Mr. Healey opened the hearing for a Request for Certificates of Compliance for the construction of a house,
septic system and associated grading and flood storage at 5 Kell Lane under DEP SE 211-565 and for the
installation of an in -ground pool, fencing and grading in 2005 under DEP SE 211-735.
Ms. Gonyer said as a result of a transfer of land, an encumbrance was discovered in a title search.
DEP SE 211-565: The compensation area and the house and septic system were constructed in substantial
compliance with the original Order of Conditions with roof drains todrywell. All areas have long been stabilized.
DEP SE 211-735: The pool and grading are in substantial compliance with the approved Order of Conditions
and all areas have been stabilized.
Ms. Gonyer said the request for the Certificates of Compliance were submitted along with a letter from
Hutchins -Trowbridge Associates, stating that both projects were completed in full compliance with the original
Orders of Conditions and she recommended full Certificates of Compliance be issued.
There were no Board Comments.
There were no virtual or audience comments.
Dr. Paten made the motion to issue a full Certificate of Compliance to Thomas McCafferty, 5 Kell Lane, Map
040, Parcel 312, DEP SE 211-565.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 6:12 pm.
Dr. Roth made the motion to issue a full Certificate of Compliance to Thomas McCafferty, 5 Kell Lane, Map 040,
Parcel 312, DEP SE 211-735.
The motion was seconded by Dr. Paten.
Motion passed 4-0-0 at 6:14 pm
4. Request for a Certificate of Compliance: Steve Hansen, 131 Old Elm Street, Lot 2, Map 6, Parcel 49.
Mr. Healey opened the hearing for a Certificate of Compliance for the Order issued in July 2022 for the
construction of a septic system associated with an existing single-family house, construction of an attached
garage, and removal of an existing barn under DEP SE 211-0995.
Steve Hansen was present. He said he purchased the property from Mary Bellavance and split the property
into three lots. This property had a failed cesspool and a septic system was installed. He said during
construction he was contacted by This Old House and a video was done explaining the process for going through
conservation when renovating a house. He said the house has been refurbished within the same footprint with
the addition of a garage.
Ms. Gonyer said the erosion control is still in place, the lawn area has been established and an as -built plan and
letter have been submitted. "Environmentally Sensitive Area" discs have also been installed.
There were no Board Comments.
There were no virtual or audience comments.
Ms. Joynes made the motion to issue a full Certificate of Compliance to Steve Hansen, 131 Old Elm Street, Lot
2, Map 2, Parcel 49 for the construction of a septic system associated with an existing single-family house,
construction of an attached garage, and removal of an existing barn under DEP SE 211-0995.
Dr. Paten seconded the motion.
Motion passed 4-0-0 at 6:22 pm.
F]
5. Request for Determination of Applicability: Town of Mansfield, Stearns Avenue within Town Right -of -Way,
Map 31,40, & 41.
Mr. Healey opened the hearing for the Request for Determination of Applicability for the Town of Mansfield,
for roadway reconstruction, water main upgrades and drainage improvements, on Stearns Avenue within the
Town Right -of -Way, from East Street to the Mansfield/Easton Town Line within 100 feet of Bordering
Vegetation and Natural Heritage Estimated and Priority Habitats.
Richard Alves, Town Engineer/Assistant DPW Director, was present.
Ms. Gonyer said she walked the site with Mr. Alves and noted that not all areas of this project are within
jurisdiction. Mr. Alves said the filing is for roadway reconstruction on Stearns Avenue from East Street to the
Mansfield/Easton town line. He discussed the areas of concern shown on Sheet #4, Sheet #5 and Sheets #6 &
#7 and the work to be done at each point, to include roadway reconstruction, water main upgrades and
drainage improvements to the existing roadway to the maximum extent possible within the town right of way.
He said two easements will be necessary for this project, and there will be no impacts to any resource areas.
He said the wetlands shown have been determined by a plan prepared by other people. He said Ms. Gonyer
reviewed and agreed with the delineation for this application. Erosion control, approved by Ms. Gonyer, will be
installed prior to construction and not removed until all disturbed areas have been stabilized. He is requesting
a Negative Determination of Applicability, for reason #3.
Ms. Gonyer said the drainage improvements to be made with this project will improve the whole system. Mr.
Healey agreed; he said the system is in disrepair.
There were no Board Comments.
There were no virtual or audience comments.
Dr. Roth made the motion to issue a Negative Determination for reason # 3, to the Town of Mansfield, for
roadway reconstruction, water main upgrades and drainage improvements, on Stearns Avenue within the Town
Right -of -Way, Map 31, 40, and 41, from East Street to the Mansfield/Easton Town Line within 100 feet of
Bordering Vegetation Wetland and Natural Heritage Estimated and Priority Habitats, with the following special
conditions:
• The limit of work to be inspected by the Agent prior to the start of work.
• All disturbed areas are to be stabilized as soon as possible.
• Notify the Conservation Department when work in jurisdictional areas is completed and stabilized.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 6:36 pm.
6. Request for Determination of Applicability: Thomas Kujala, 114 Rumford Avenue, Map 023, Parcel 212.
Mr. Healey opened the hearing for a Request for Determination of Applicability for the removal of an existing
second floor deck, construction of an addition with full basement and new first floor deck within the 200-ft.
Riverfront Area of the Rumford River at 114 Rumford Avenue.
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Thomas Kujala was present.
Ms. Gonyer said the proposed work will be on the 200-foot line in an area that is developed and paved
and there will be no increase to the impervious areas. She said all roof runoff is to be directed into
roof drains. She said the limit of work is not shown on the plan and should be added. She noted
utilities for the existing garage will be added.
There were no Board Comments.
There were no virtual or audience comments.
Dr. Paten made the motion to issue a Negative Determination for reason # 3, for the removal of an existing
second floor deck, construction of an addition with full basement and new first floor deck within the
200-ft. Riverfront Area of the Rumford River at 114 Rumford Avenue with the following special
conditions:
• Limit of work shall be included on the plan — please see attached plan of record
• Limit of work is to be inspected by Agent prior to the start of work
• All disturbed areas are to be stabilized as soon as possible
• Notify the Conservation Department when work in jurisdictional areas is completed and
stabilized
The motion was seconded by Dr. Roth.
Motion passed 4-0-0 at 6:41 pm.
7. Notice of Intent: Gregory Frazier, 80 Old Elm Street, Map 006, Parcel 165.
Mr. Healey opened the hearing for a Notice of Intent for a proposed two (2) car -garage within 100 feet of
Bordering Vegetated Wetland at 80 Old Elm Street under DEP SE 211-1001.
Craig Cygawnoski, RIM Engineering Co. Inc. and homeowner Gregory Frazier were present.
Mr. Cygawnoski said there is a steep slope on the driveway and the proposed garage will be on a slab with no
basement. To direct the roof water, he said Cultec chambers will be installed and, because of the steepness of
the driveway, there will be a small berm, 3 to 4 inches high, along the western edge of the driveway, and a
small area with a stone trench, so runoff will not flow to the wetland resource area. Mr. Cygawnoski said four
trees are proposed to be cut and an existing turn -around area will be expanded by seven feet to meet the
garage width. He said, because of the grading, a small retaining wall will be built with either concrete or blocks.
Ms. Gonyer said her concern is the slope and would like to minimize any grading within the 25-foot area.
There were no Board Comments.
There were no virtual or audience comments.
Dr. Roth made the motion to issue an Order of Conditions to Gregory Frazier, 80 Old Elm Street, Map 006, Parcel
165, under DEP SE 211-1001, for a proposed two (2) car -garage within 100 feet of Bordering Vegetated
Wetland with the following findings and special conditions:
FINDINGS:
• At their December 12, 2022 public hearing the Mansfield Conservation Commission issued an
Order of Conditions to Gregory Frazier, 80 Old Elm Street, Mansfield, MA. The site plan to
accompany the DOC was drafted by RIM Engineering Co., Inc. The plan of record (Proposed
House Addition Plan at No. 80 Old Elm Street in Mansfield, MA) is dated November 7, 2022.
• The jurisdictional resource(s) on site is a Bordering Vegetated Wetland.
• The scope of work includes: a proposed two (2) car garage.
SPECIAL CONDITIONS UNDER THE BYLAW:
1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of
Deeds and the receipt of the Order is returned to the Commission filled in by the Registry.
2. All work must conform to the plan dated, referenced as "the plan of record" in this Order.
3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation.
The erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock with wooden stakes
every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). In addition to the silt
sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation
Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any
such devices or measures are installed so that a site visit can be conducted prior to the commencement of
work.
4. The Commission reserves the right to require additional mitigation or erosion control devices or measures
if mitigation or erosion control devices are not adequately installed or maintained on site.
5. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain
in place and be maintained throughout the construction process and until all disturbed areas are stabilized.
Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered
with a suitable protective cover to allow the seed to germinated and become established. All side slopes
greater than 3:1(but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion
occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to
review the extent of the erosion and determine follow-up actions.
6. All roof runoff is to be directed in drywells or equivalent drainage components approved by the
Commission. The Commission or its agent shall review the locations of the drywells.
7. A construction sequence is to be submitted to the Commission prior to the start of work.
8. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its
commencement.
9. Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the Engineer
and/or Representative, and the General Contractor to review the Order of Conditions, scope of work and
construction sequencing.
10. The Applicant shall be responsible to ensure that all contractors on site during the construction have
received and reviewed the Order of Conditions and all plans of record.
11. Wetland flagging must remain in place until the project has been completed and the Certificate of
Compliance issued.
12. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same
time, the applicant orany successor shall, upon completion of the project; submit an as -built plan and letter
signed by a professional engineer, certifying that the work has been done in accordance with the approved
plan.
13. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the Commission
for review. For single family lots, this Order is for the structures shown on the plan of record only. Any
additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any
hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that
the changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice
of Intent, then the revised plans shall be considered the new plan of record. If the changes are significant
enough to warrant an Amended Order or new Notice of Intent, then the applicant is required to file
accordingly.
14. Signage for single family lots:
15. Prior to receiving a Certificate of Compliance, the Applicant must install three (3) permanent
"Environmentally Sensitive Area" signs on the subject lot. The location of the signs are to be designated by
Commission or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do
Not Disturb"), hardware and method of installation are available at Conservation Department.
16. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be
used.
17. Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited.
Storage is prohibited in these areas as well.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 6:51 pm.
8. Notice of Intent: Nancy Giovino, 3 Bicentennial Court, Map 30, Parcel 116.
Mr. Healey opened the hearing for a Notice of Intent for the construction of new single-family home with
associated appurtenances within 100 feet of Bordering Vegetated Wetland and Natural Heritage Estimated
Habitat of Rare Wildlife at 3 Bicentennial Court under DEP SE 211-1000.
Craig Cygawnoski said he is asking for a continuance because the owner, Nancy Giovino, is trying to sell the
property to a local builder and the wetlands will be re -flagged, requiring a new plan.
Dr. Paten made the motion to continue the hearing for 3 Bicentennial Court to January 30, 2023.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 6:52 pm.
9. Notice of Intent: Michael Bonin and Jerry Perreault, 44 Oak Street, Map 015, Parcel 032.
This hearing was continued from October 24, 2022.
Craig Cygawnoski, RIM Engineering Co., Inc. and homeowner Michael Bonin were present.
Mr. Healey opened the hearing for the installation of a 9' x 21' in -ground pool with paver patio apron within
the 200-foot Riverfront Area of Hodges Brook and the 100-foot buffer of Bordering Vegetated Wetland at 44
Oak Street under DEP SE 211-0999.
Mr. Cygawnoski said the proposed patio was four feet into the 25-foot buffer zone area and the infiltration
trench was on the north side of the patio, making it closer to the wetland area. He said they have removed that
portion of the patio so the only thing in the 25-foot area is the stone filtration trench to catch the runoff from
the pool. He said the owner wants to increase the patio on the south side of the pool, outside the 25-foot buffer
zone. He said one of the comments made at the October hearing was could the existing fence possibly be
moved out of the 25-foot area, but he spoke with Ms. Gonyer and she asked that, instead of moving the fence,
this area be improved by removing all the debris in the area and plantings be added as mitigation. Dr. Roth
agreed. Ms. Gonyer asked for native plantings and to allow the area to naturalize. Dr. Paten asked if the pool
would require backwashing. Mr. Cygawnoski said the pool will have a cartridge filtration system, requiring no
backwashing. He said if they ever had to drain the pool they would bring in a truck to remove the water.
Dr. Paten made the motion to issued an Orderof Conditions to Michael Bonin and Jerry Perreault, 44 Oak Street,
Map 015, Parcel 033, for the installation of a 9' x 21' in -ground pool with paver patio apron within the 200-foot
Riverfront Area of Hodges Brook and the 100-foot buffer of Bordering Vegetated Wetland under DEP SE 211-
0999, with the following findings and special conditions:
FINDINGS:
• At their December 12, 2022 public hearing the Mansfield Conservation Commission issued an
Order of Conditions to Michael Bonin and Jerry Perreault, 44 Oak Street, Mansfield, MA. The
site plan to accompany the DOC was drafted by RIM Engineering Co., Inc. The plan of record
is dated November 16, 2022.
• The jurisdictional resource(s) on site are a Bordering Vegetated Wetland and the 200-ft.
Riverfront Area of Hodges Brook.
• The scope of work includes: the construction of a 9"x21" in -ground pool with a paver patio
apron.
SPECIAL CONDITIONS UNDER THE BYLAW:
1. No work can be started until the Order of Conditions has been recorded with the Bristol County Registry of
Deeds and the receipt of the Order is returned to the Commission filled in by the Registry.
2. All work must conform to the plan dated November 16, 2022, referenced as "the plan of record" in this
Order.
3. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation.
The erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock with wooden stakes
every 10 feet on each sides of sock or equivalent (do not pierce silt sock with stakes). In addition to the silt
sock, trenched -in silt fence may be required depending on the specific site conditions. See the Conservation
Agent (Agent) for specific erosion control design standards. The Applicant shall notify the Agent when any
such devices or measures are installed so that a site visit can be conducted prior to the commencement of
work. The Commission reserves the right to require additional mitigation or erosion control devices or
measures if mitigation or erosion control devices are not adequately installed or maintained on site.
4. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain in
place and be maintained throughout the construction process and until all disturbed areas are stabilized.
Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered
With a suitable protective cover to allow the seed to germinated and become established. All side slopes
greater than 3:1(but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion
occur resulting in sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review
the extent of the erosion and determine follow-up actions.
5. A construction sequence is to be submitted to the Commission prior to the start of work.
6. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its
commencement.
7. Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the Engineer
and/or Representative, and the General Contractor to review the Order of Conditions, scope of work and
construction sequencing.
8. The Applicant shall be responsible to ensure that all contractors on site during the construction have
received and reviewed the Order of Conditions and all plans of record.
9. Wetland flagging must remain in place until the project has been completed and the Certificate of
Compliance issued.
10. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same
time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter
signed by a professional engineer, certifying that the work has been done in accordance with the approved
plan.
11. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the
Commission for review. For single family lots, this Order is for the structures shown on the plan of record only.
Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any
hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the
changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of
Intent, then the revised plans shall be considered the new plan of record. If the changes are significant enough
to warrant an Amended Order or new Notice of Intent, then the applicant is required to file accordingly.
12. Signage for single family lots:
Priorto receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally Sensitive
Area" signs on the subject lot. The quantity and location of the sign are to be designated by Commission or
the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"),
hardware and method of installation are available at Conservation Department.
13. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used.
14. All new in -ground or above -ground pools shall use a cartridge filtration system or a filtration system where all
backwash is directed in a drywell on the same property. At no point shall pool backwash be discharged into a
wetland resources area. All pool water is to be de -chlorinated before it is drained from a pool. All drained
water is to be drained over the land/lawn of the same property. If the pool needs to be emptied, water is to
be pumped into a truck; no pool water is allowed to run toward the wetlands. Frog Logs or a similar product
are to be use in the pool.
15. Area near shed to be planted with native plantings, size and quantity can be determined on site after area
has been cleaned of debris. No further dumping of landscaping debris is allowed in this area.
16. Dumping of lawn clippings and/or yard debris into wetland and/or 25-foot No Disturb Zone is prohibited.
Storage is prohibited in these areas as well.
17. No filling of the area is allowed due to the presence of the 100-year flood plain elevation.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 7:02 pm.
10. Notice of Intent: Mohammed Abdullah, 0 Allen Avenue, Map 021, Parcel 391.
This hearing was continued from September 26, 2022.
Mr. Healey opened the hearing for the construction of a single-family dwelling with a two -car garage and minimal
clearing within the 200-foot Riverfront Area of the Rumford River. Additional work will be within the 100- and 200-
foot Riparian Zones and the 100-year Flood Plain, under DEP SE 211-0998. Hearing was continued from September
26, 2022.
Craig Cygawnoski, RIM Engineering Co., Attorney Edward Valanzola and Mohammed Abdullah were present.
Ms. Gonyer said this hearing was continued from September 26, 2022 and the concerns at that time were the
turnaround in the 25-foot area of Rumford River, topography regrading and areas of disturbance and the
wildlife corridor. Mr. Cygawnoski said the major changes are the enhancement of the topography, specifically
the grading, especially at the drop off to the river. He said he spoke with Robert Blackman, Inspector of
Buildings and Zoning Enforcement Officer, and, based on the town's regulations, a 12-foot wide driveway is
the minimum size; Mr. Blackman recommended a dirt/gravel driveway coming in through Alien Avenue. Mr.
Cygawnoski said the turnaround has been removed and the proposed driveway on the original plan has been
removed. He said they are going to be using a grid plastic with gravel or grass so it becomes a pervious material,
allowing infiltration into the ground. Ms. Joynes asked if this would be going along the whole driveway and
Mr. Paten said he thought it was just going around the house. Mr. Cygawnoski said the intention was to put it
around the house as a driveway. Mr. Cygawnoski said the rain gardens have now been replaced with four
Cultec underground chambers on the eastside of the house. Attorney Valanzola said they are going to improve
up to twelve feet of Allen Avenue.
Comments from the audience:
Mary McGrath, 15 Morrow Street, said putting a house on this lot is not a good idea. She said there is an
abundance of wildlife here and the Conservation Commission should be protecting and preserving the wooded
areas in town. Ms. Gonyer said the Conservation Commission cares about these things as well but
unfortunately the purview of this board is if a lot is deemed to be a buildable lot and the applicant has met all
the performance standards, the project cannot be denied. She said she shares their concerns, which is why the
Commission tries to condition these projects to prevent further adverse impacts to the wildlife, water quality
and surface and stormwater water.
Peter Carroll, Morrow Street, said this is disappointing to see the lot being developed because he does not
think it is an appropriate use of the land. He said this is a paper street and it is owned by the town. He said
the gravel road would be hard to maintain, especially with snow. He noted the access from Chauncy Street is
against someone's back porch. He noted when this was discussed with the Planning Board he was never
notified. Ms. Gonyer said unfortunately this jurisdiction is under the purview of the Zoning Board and the
Conservation Commission does not have a say as to how the paper street would be constructed.
James McGrath, 15 Morrow Street, said if you do not pave Allen Avenue, the gravel road will eventually erode
and the runoff will go into the wetland. Ms. Gonyer said she disagrees with paving the paper street because
she would like it to be pervious as much as possible.
Mr. Cygawnoski noted the 50-foot buffer line is the limit of work accept for a corner of the driveway. Dr. Paten
asked if there is any expectation to maintain Allen Avenue. Mr. Cygawnoski said it is a public way and becomes
a legal question as to who would be required to maintain it. Attorney Valanzola said the applicant would be
responsible for maintaining the gravel driveway.
Anne Carroll, Morrow Street, said Allen Avenue is a public way. Attorney Valanzola said it has never been
accepted as a public way and the town has no obligation to accept the paper street. Ms. Gonyer said this
should be clarified on the plan.
N
Dr. Roth made the motion to issue an Order of Conditions to Mohammed Abdullah, 0 Allen Avenue, Map 021,
Parcel 391 under DEP SE 211-0998, for the construction of a single-family dwelling with a two -car garage and
minimal clearing within the 200-foot Riverfront Area of the Rumford Riverwith additional work within the 100-
and 200-foot Riparian Zones and the 100-year Flood Plain, with the following findings and special conditions:
FINDINGS:
• At their December 12, 2022 public hearing the Mansfield Conservation Commission issued an
Order of Conditions to Mohammed Abdullah, 0 Allen Avenue, Mansfield, MA. The site plan to
accompany the OOC was drafted by RIM Engineering Co., Inc. The plan of record (Proposed
House Location Plan at No. 0 Allen Avenue in Mansfield, MA) is dated November 18, 2022.
• The jurisdictional resource(s) on site are the 200-foot Riverfront Area of the Rumford River
with additional work within the 100-year Flood Plain.
• The scope of work includes: the construction of a single-family home with a two -car garage,
associated appurtenances, with clearing within the 200-foot Riverfront Area.
SPECIAL CONDITIONS UNDER THE BYLAW:
1. No work can be started until the Order of Conditions has been recorded with the Bristol County
2. Registry of Deeds and the receipt of the Order is returned to the Commission filled in by the
Registry.
3. All work must conform to the plan dated, referenced as "the plan of record" in this Order.
4. All limits of work and erosion controls shall be installed prior to any construction, clearing, or excavation. The
erosion controls shall consist of an 8" diameter biodegradable mulch -filled silt sock with wooden stakes every 10
feet on each sides of sock or equivalent (do not pierce silt sock with stakes). In addition to the silt sock, trenched -
in silt fence may be required depending on the specific site conditions. See the Conservation Agent (Agent) for
specific erosion control design standards. The Applicant shall notify the Agent when any such devices or
measures are installed so that a site visit can be conducted prior to the commencement of work.
5. The Commission reserves the right to require additional mitigation or erosion control devices or measures
if mitigation or erosion control devices are not adequately installed or maintained on site.
6. The Applicant shall ensure that all demarcation (i.e. limits of work) and erosion control devices will remain
in place and be maintained throughout the construction process and until all disturbed areas are stabilized.
Stabilization shall be achieved once a complete vegetative cover is reached. Seeded areas shall be covered with
a suitable protective cover to allow the seed to germinated and become established. All side slopes greater than
3:1(but less than 2:1) are to be covered with jute mesh and seeded. At no point shall erosion occur resulting in
sediment entering the wetland areas. If erosion occurs, the Agent is to be contacted to review the extent of the
erosion and determine follow-up actions.
7. All roof runoff is to be directed in drywells or equivalent drainage components approved by the Commission. The
Commission or its agent shall review the locations of the dryweils.
8. A construction sequence is to be submitted to the Commission prior to the start of work.
9. The Conservation Commission or its agent is to be notified of the starting date of the work prior to its
commencement.
10. Prior to the commencement of work, a pre -construction meet shall be held with the Agent, the Engineer
and/or Representative, and the General Contractor to review the Order of Conditions, scope of work and
construction sequencing.
11. The Applicant shall be responsible to ensure that all contractors on site during the construction have
received and reviewed the Order of Conditions and all plans of record.
12. Wetland flagging must remain in place until the project has been completed and the Certificate of
Compliance issued.
13. The Certificate of Compliance shall be requested in writing upon completion of the project. At the same
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time, the applicant or any successor shall, upon completion of the project; submit an as -built plan and letter
signed by a professional engineer, certifying that the work has been done in accordance with the approved plan.
14. Any modifications or revisions to the plan(s) referenced in this Order must be submitted to the
Commission for review. For single family lots, this Order is for the structures shown on the plan of record only.
Any additional structures including, but not limited to, decks, patios, sheds, pools, walkways and/or any
hardscape features must be reviewed by the Commission. If, after their review, the Commission finds that the
changes are not significant enough (minor modifications) to warrant an Amended Order or new Notice of Intent,
then the revised plans shall be considered the new plan of record. If the changes are significant enough to warrant
an Amended Order or new Notice of Intent, then the applicant is required to file accordingly.
15. Signage for single family lots:
Prior to receiving a Certificate of Compliance, the Applicant must install permanent "Environmentally
Sensitive Area" signs on the subject lot. The quantity and location of the sign are to be designated by Commission
or the Agent on a case by case basis. The 4" discs (reading "Environmentally Sensitive Area, Do Not Disturb"),
hardware and method of installation are available at Conservation Department.
16. No synthetic fertilizer, herbicides, pesticides or fungicides can be used; only organic products may be used.
17. No dumping of lawn clippings and/or yard debris within the 100-foot Riverfront Area. Storage is prohibited
in these areas as well.
18. The man-made depression within Allen Avenue is to be cleared of all debris. Area is to be graded for the
proposed gravel driveway.
19. Plantings are to be placed along the sides of the 12' gravel drive; Applicant is to meet with the Conservation
Agent to determine the number and species of trees and shrubs to be planted.
The motion was seconded by Ms. Joynes.
Motion passed 4-0-0 at 7:51 pm.
11. New Business:
• 88 Highland Avenue Enforcement Order;
Mr. Healey said there is an Enforcement Order at 88 Highland Avenue for an encroachment on the Rumford
River that also occurred on an abutter's property. The property owner unfortunately was unable to attend
tonight's meeting. Town Counsel is now involved.
12. Old Business:
• Discussion of fee schedule:
Ms. Gonyer said it is time to re -do the fee schedule and the board has the opportunity to change the fees
without going to the Select Board for approval. After looking at the fee schedules for other towns, Ms. Gonyer
will propose an updated schedule. She would like to implement a new fee for when she has to return to a site
multiple times.
• Conservation Department Updates:
Ms. Gonyer mentioned there is a non-profit gift fund run by a group in Mansfield that received $50,000.
She applied for funds and received approximately $12,000. The funds will be used for new kiosks at Sweet
& Kalnins and Corporal Hardy Conservation Areas and waypoint systems on all the trails. She noted the
funds have to be used by June 2023. She said the funds will also be used to create and print new bi-fold trail
maps.
• Approval of October 24, 2022 minutes:
Motion to approve the minutes of October 24, 2022 (Roth/Paten). Motion passed 4-0-0 at 8:02 pm.
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Trail Steward Program:
Ms. Gonyer said approximately twenty people have signed up to be volunteers for the program. The
volunteers have been logging in with issues on the trails. She said there is an environmental science club
at the high school who are interested in the program so she will hold another work shop at the at the
school.
13. Adjourn:
Motion to adjourn (Joynes/Roth). Motion passed 4-0-0 at 8:02 pm.
Michael Healey, Chair
Date
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